Pakistani spared death penalty after error by judge

Pakistani spared death penalty after error by judge

Court of Appeal agrees with lawyer that trial judge failed to make an affirmative finding of possession before calling for defence.

Said Nabi was sentenced to 15 years’ jail and 10 strokes of the rotan for possession of syabu. (Reuters pic)
PUTRAJAYA:
A Pakistani national was spared the gallows for trafficking in methamphetamine after the Court of Appeal ruled that the trial judge had erred in law.

However, the three-member Court of Appeal bench sentenced Said Nabi, 31, for possessing 136.73gm of the drug, better known as syabu, to 15 years’ jail and 10 strokes of the rotan.

Lawyer Ridha Abdah Subri submitted that the trial judge had failed to make an affirmative finding of possession before asking the accused to enter his defence.

The bench, led by Hanipah Farikullah, agreed with Ridha’s submission.

Ahmad Nasfy Yasin and Nordin Hassan were the other judges on the panel.

Deputy public prosecutor Samihah Rhazali also agreed that there was an error of law committed by the judge, resulting in the charge being reduced to possession.

Said, who worked as a labourer, committed the offence on a street in Bandar Sunway, Selangor, at about 7.30pm on Feb 7, 2017.

Following information, a police team conducted surveillance on Said and found the drugs in a transparent plastic packet after a body search.

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